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Florida District judge holds Health Care Reform unconstitutional

The judge held that the individual mandate exceeded the Commerce Clause power, and that the provision wasn’t severable– the whole act falls with it.  All other claims were rejected.  This makes four decisions, two (Michigan and W.D. Virginia) upholding the law and two (E.D. Virginia and this one) holding it unconstitutional.

You can read the opinion here.

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January 31, 2011, 3:34 pm | Tags: , , | Category: Law: National | 5 comments

5 comments to Florida District judge holds Health Care Reform unconstitutional

  • Pam
    January 31, 2011 at 3:53 pm

    Being able to take your child to the doctor when it has an ear infection or repeated ear infections, screaming in pain and suffering day and night is unconstitutional. A simple concept, turned into something about commerce. Every mother knows a suffering child has nothing to do with commerce.

  • WaySouth
    January 31, 2011 at 4:00 pm

    What bullshit Obamacare is?

    1. No buying insurance across state lines.
    2. No negotiating for drugs by medicare.
    3. No cap on malpractice claims.
    4. Obama has already given over 111 waivers to some major corporations and trade unions-what the hell kind of participation is that?

    I pray the new President will have the guts to push for single payer(medicare style) or government provided(VA style)health care for all Americans.

    I am so sick of all the broken promises-all I can say is WTF and I don’t mean Winning The Future!

    WS

  • Chilidog
    January 31, 2011 at 10:02 pm

    Pam, if the doctor prescribes a drug that is made in another state, are you going to not buy it becuase that would be engaging in interstate commerce?

  • Anderson
    February 1, 2011 at 4:26 pm

    Chilidog, I think there was some irony in that Pam comment.

  • Alan
    February 2, 2011 at 11:47 pm

    While I agree with you, WaySouth, I do not expect to live long enough to see Single Payer in this country. It might cause insurance company CEOs to not be able to afford that fifth house, ya see.

    What absolutely breaks my heart about Barack Obama is that he has conducted himself as a moderate Republican while allowing the GOP to brand him as a wild-eyed soshulist, even as he enacts policies THEY favored just five years before. He has not pushed for a single genuinely progressive policy since taking office, but when his mealy-mouthed, middle-of-the-road policies prove to be inadequate for the nation’s needs, it will be painted as a failure of progressivism.

    And worst of all, despite my disappointment, I am compelled to support Obama because the GOP is 10,000 times worse. With all the problems facing this nation, the number one priority of the House GOP is to redefine rape so that poor women who become pregnant due to statutory rape or date rape cannot receive government assistance for abortions, only women who subjected to actual force during rape or children subjected to incest.